NOMINATION PAPER -
POLITY
News: When is a candidate elected
unopposed? | Explained
What's in the news?
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The BJP’s candidate from the Surat Lok Sabha
constituency in Gujarat has been declared elected unopposed.
Key takeaways:
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This follows the rejection of the nomination paper
of the candidate set up by the Congress party, as a BJP worker objected to the
nomination alleging that the signatures of his proposers were not genuine and
the withdrawal of nominations by other candidates.
Provisions for
Nomination:
1. Section 33 of RP Act,
1951:
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It contains the requirements for a valid
nomination.
a. Age Requirement:
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As per the RP Act, an elector above 25 years of age can contest Lok Sabha election from any
constituency in India.
b. Proposers:
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The proposer(s) of the candidate should however be elector(s) from that respective
constituency where the nomination is being filed.
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In case of a recognised party (national or State),
the candidate needs to have one
proposer.
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Candidates set up by unrecognised parties and
independents need to be subscribed by ten
proposers.
c. Number of Nomination
Paper:
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A candidate can file up to four nomination papers with different sets of proposers.
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This is to enable the acceptance of nomination of a
candidate even if one set of nomination papers is in order.
2. Section 36 of RP Act,
1951:
a. Role of Reporting
Officers:
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It sets out the law with respect to the scrutiny of
nomination papers by the Returning Officer .
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It provides that the RO shall not reject any
nomination for a defect that is not of a substantial character.
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However, it specifies that the signature of the
candidate or proposer found not genuine is grounds for rejection.
Instances of Rejection:
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There have been at least 35 candidates who have
been elected unopposed to the Lok Sabha, with the last being in 2012.
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In the instant case, however, the Congress party
has alleged that the proposers were coerced to backtrack on their signatures.
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It has approached the Election Commission (EC)
seeking to set aside the decision of the RO and restart the election process.
Legal Recourse in case
of Cancellation of Nomination Papers:
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Article 329(b) of the Constitution, along with the Representation
of the People Act (RP Act), stipulates that electoral matters can only be
challenged through an election petition filed before the relevant High Court.
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One grounds for such petitions is the improper
rejection of nomination papers.
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The RP Act mandates that High Courts strive to resolve such cases within six months.